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When do you think it would be needed to hire an expert witness for premises liability case (Trip and Fall)?

New York, NY |

What circumstances or situations would a lawyer handling trip and fall to hire an expert witness?

Accident occurred at apartment entrance of the duplex.

Attorney Answers 7

Posted

Whether or not to hire an expert depends on the facts of the case and whether or not part of the proofs is outside the general knowledge of the trier of the facts. In other words, is an expert needed to prove a fact not part of a non-experts general knowledge. The decision when depends on the type of case. It could be part of the initial investigation, once discovery is complete or in preparation for trial. Many times when is governed by court order. As long as your lawyer is not hiring the expert simply to oppose a motion for summary judgment, the timing is a case by case thing.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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Posted

The above answer is a good one. However sometimes the accident scene is subject to change, so one factor to consider in the risk/benefit analysis is whether the circumstances need to be preserved. Occasionally you can hire an expert to do a preliminary inspection, take photos, memorialize facts and measurements, at a reasonable inital cost, and then have that person on standby if later need arises.
Best wishes,
Bob
Robert Brenna Jy

Bob, Robert L. Brenna, Jr. No relationship is intended, agreed upon or accepted by answering this general question Brenna Brenna and Boyce PLLC Rochester, New York brenna@brennalaw.com

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I do not practice in NY, but I do have years of experience handling this type of case. Generally speaking, an expert is required when a particular fact or set of facts is not easily understood by the fact finder (judge or jury). Such is the case when scientific evidence is used, evidence of improper build or construction, or to prove medical damages.

The other most common time an expert is required is to rebut the expert from the defense. If they do not use one, you may not need one either, unless of course, as stated already, there are unusual facts or facts that the fact finder can better understand through the use of an expert.

Don't forget, they may be necessary, but they are not cheap.

Krekor Law 800-630-8284. Any answers posted on this site should not be construed as creating an attorney client relationship. Portions of this website may constitute and Attorney Advertisment. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

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6 lawyers agree

Posted

Your attorney should hire an expert immediately to.document the condition as close in time to the accident as possible.

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Posted

Whenever a person is injured, they should call a personal injury lawyer to investigate the case. Slip and fall cases aren't automatic money. They are usually defended vigorously, and there needs to be some defect or dangerous condition in order to have an actionable case. You can search Avvo for a personal injury lawyer in your city and call for a free consultation.

Free Consultation:1-877-258-3083. Serving the Nation.

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4 lawyers agree

Posted

Whenever liability is disputed and there is a basis to prove liability of local or national safety fire or building codes or surfacing issues (slip resistance, etc) an expert makes sense. A lawyer must also consider the cost ($2500+) vs the value of the case. Smaller injury
Cases don't justify an expert and that is a discussion you should have with your lawyer to determine the feasibility of hiring one.

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Posted

As previously discussed, this is really determined on a case by case basis.
Your attorney will weigh all factors in providing you with the proper advice.
A personal injury lawyer is there to guide you on both the pros and cons of each step of your case.
Therefore I suggest that you speak to your lawyer and if you do not have one, you may want to consider hiring a firm to represent you.

This answer does not constitute legal advice. I am admitted to the Florida Bar only and make no attempt to provide opinions on legal issueas that are not relevant to that state. This advice is based on general principles of law and ethics that may or may not relate to your specific situation. You should not solely rely on this advice and nothing in these communications creates an attorney client relationship

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